The information provided in this article is for educational and informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by reading this content. Laws and regulations vary by jurisdiction and change frequently; always consult with a qualified professional regarding your specific situation. The author and publisher assume no liability for any actions taken based on this information.
Key Facts
- Federal level: The EEOC has described Equal Pay Day as a marker for the extra time the average woman must work to match the average man’s prior-year earnings.
- Federal level: Congress passed the Equal Pay Act in 1963 to address wage disparities based on sex for substantially equal work under similar working conditions.
- Federal level: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, race, color, national origin, and religion.
- Federal level: The EEOC has stated that it assumed responsibility for enforcing the Equal Pay Act in 1978.
- Federal level: The EEOC has stated that illegal pay discrimination may also be addressed under statutes such as the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.
- Federal level: The EEOC described its Strategic Enforcement Plan for FY 2013 through FY 2016 as prioritizing enforcement of equal pay laws.
- Federal level: A June 2013 NAWJ newsletter included a reference to “Click Your Heels” described as a virtual march for gender equity.
- Federal level: A July 2013 NAWJ newsletter also listed “Click Your Heels” as a virtual march for gender equity.
Equal Pay Day is an awareness date tied to wage gap discussions
Equal Pay Day is commonly framed as a public-awareness marker about pay gaps rather than a rule that creates a new legal deadline.
In a statement reproduced by a news outlet and attributed to EEOC officials, Equal Pay Day was described as the point in the calendar when the extra time worked by the average woman would match what the average man earned during the prior year.
A virtual march is a digital campaign that mimics a public demonstration
A virtual march usually refers to an online action that is designed to look and feel like a group demonstration, but takes place through websites, social media, or other digital participation.
The National Association of Women Judges described an initiative called “Click Your Heels” as “a Virtual March for Gender Equity” in its June and July 2013 newsletters.
Federal pay discrimination laws cover different kinds of unequal pay claims
At the federal level, the EEOC has linked Equal Pay Day messaging to multiple employment laws that can relate to compensation, including the Equal Pay Act and Title VII of the Civil Rights Act of 1964.
That same EEOC statement also connected pay discrimination enforcement to other federal statutes in some situations, including the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.
Enforcement can involve agency processes and sometimes court cases
The EEOC statement reproduced in the news report described the agency’s work on pay issues as including “administrative enforcement efforts and litigation,” which are two different ways enforcement can occur.
Because pay discrimination is a legal claim that can involve specific facts about job duties, pay systems, and workplace practices, outcomes often turn on the evidence available and the legal standard that applies to the claim.
